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1998 Supreme(SC) 946

N. Ammad – Appellant
Versus
Manager, Emjay High School – Respondent


Judgment

Thomas, J.-Special Leave granted.

2. The simple question in these appeals is this: Is the management of a minority school free to choose and appoint any qualified person as Headmaster of the school or whether such management is hedged by any legislative edict or executive fiat in doing so?

3. The above question arose when management of a school sought to appoint 4th respondent (P.M. Aboobacker) as Headmaster thereof. The school is: “Emjay Vocational Higher Secondary School”. Valliappalli Taluk, Calicut District, Kerala (hereinafter referred to as `the school’). This move was stiffly resisted by the appellant who is the seniormost teacher in the school. At his instance, the District Educa­tion Officer (DEO) interfered but of no avail. Appellant thereupon filed a writ petition in the High Court of Kerala for a writ of manda­mus to the management of the school to appoint him as Headmaster. Learned Single Judge of the High Court, who heard the writ petition, allowed it and issued a direction as prayed for by the appellant. But a Division Bench of the High Court reversed that judgment and dis­missed the writ petition. Hence, appellant has come up to this Court seeking special lea








































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